5 Flashcards
5th Amendment
$5 = just comp.
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Prohibits taking for public use w/o just comp.
What has a 5 year prerequisite (single claim)?
Public Tenant address is 5 COPA cabana ROW.
- Public entity.
- Tenant or Owner.
- Continuous physical operation for 5 yrs @ taking location.
- business O = prop O.
- Partial Taking.
- Adjoining. Locale is adjoining lands also owned by property owner.
- Taken for ROW.
What has a 5 year prerequisite (double claim)?
If Bus O has an int in BOTH Taken + Remainder, what factor must its business meet?
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Compliance w/ §73.071(3)(b)
1. Continuous physical existence on site;
2. For 5 yrs (can tack on) &
3. Own adjacent. [∑ “own” in ED incl leasehold int.]
What can & can’t a Bus O do to meet the 5 year prerequisite?
To meet 5 yr requirement of 73.370(3)(b) [bus dmgs], how can Bus O borrow time?
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Can tack on (prior owner, same location).
Can’t buy out terminated bus or relocate.
If Bus O has an int in BOTH Taken + Remainder, what factor must its business meet?
Compliance w/ §73.071(3)(b)
1. Continuous physical existence on site;
2. For 5 yrs (can tack on) &
3. Own adjacent. [∑ “own” in ED incl leasehold int.]
What notice is required to amend CP?
TOTAL of 2 ads for 2 PHs (1 ad each) on wkdays, 1 PH held after 5 p.m. unless vote by maj + 1 (Marion)
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TRANSMITTAL HEARING
Weekday @ least 7 days after date of 1st ad.
ADOPTION HEARING
Weekday @ least 10 days after 1st hearing + 5 days after 2nd ad.
5% of what has to be revealed on which Financial Disclosure?
1st Inc: $2.5 OR 5% 2d Inc: disclose bus + 10% gross BUS cust if: own 5% + rec $5k OR own 5% + rec $1.5k + 10% INDIV gross inc ----------- RE: own 5%. ----------- Intang: $10k value OR 10% of assets Debts: $10k OR exceed net worth ----------- ~confirmed on teacher's em.
What are the 2 time limits on County lease purchasing COPS?
STATUTORY, COPS
- Can’t exceed 30 yrs to mature.
- If term is longer than 5 yrs, cannot pay from AV.
Why did laborers historically try to have a statutory bond deemed common law?
6 mos. = contrib NOC*
1 = P+P statutory bond, FCRA + Contrib lawsuit
2 = Wrongful death, NOC* [90 days] & suit
2/3 = MESs
3 = Torts NOC. [6 mos to review]
4 = Torts + oral Ks + taking.
5 = written Ks (inc common law bonds [FS 95.11 (2)(b)]) + improper ordinance
unlim = USERRA
336 [County roads] ----------- DON'T GET CONFUSED ON EXEMPTIONS VS. SELF-BUILD ----------- What exemptions are provided?
336 [County roads]
- Emergs.
- Sidewalks.
- Small jobs. Const, repair, incl reseal of bridges + roads, not over 5% of gas tax surplus or $400k, whichever is greater.
DON’T GET CONFUSED ON EXEMPTIONS VS. SELF-BUILD
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Can Counties build their own roads w/ their own Staff?
Yes UNLESS unless funded from the proceeds of County’s 80-percent portion of the surplus of the constitutional gas tax.
State Form 1’s Pattern.
1st Inc: $2.5 OR 5% 2d Inc: disclose bus + 10% gross BUS cust if: own 5% + rec $5k OR own 5% + rec $1.5k + 10% INDIV gross inc ----------- RE: own 5%. ----------- Intang: $10k value OR 10% of assets Debts: $10k OR exceed net worth
Form 1’s Pattern summarized.
1st Inc: $2.5k OR 5%
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1st Inc: $2.5 OR 5% 2d Inc: disclose bus + 10% gross BUS cust if: own 5% + rec $5k OR own 5% + rec $1.5k + 10% INDIV gross inc ----------- RE: own 5%. ----------- Intang: $10k value OR 10% of assets Debts: $10k OR exceed net worth
State Form 6’s Pattern.
FORM 6 ----------- 1 ---------- 1+5% ---------- 1 ---------- 1 1) Income over $1k. 2) 2nd Income = over $1k AND own 5% 3) Assets (inc real prop) over $1k. 4) Creditors owed $1k. 5) Net work [assets - creditor = new worth]
Form 6’s Pattern summarized.
FORM 6 ----------- $1K = everything. 1st inc: $1k 2d inc: $1k + 5% assets: $1k crdtrs: $1k
